Morning journal and courier., 1887-12-31
Court Notes.


 | hearing on the appeal from probate of Freder- lck Dale was held yesterday afternoon before Judge Phelps in the civil side of the Superior court Mr. Dale married granddaughter of the late Mrs. Mary Mupson who left will bequeathng the bulk of her extensive property to her son, ex-Alderman Nun son. The other relatives didn't like the idea of being left out in the cold especially Mr DaIe and by tho l sid of ex-Governor Ingerson and Attorney Simeon l E. Baldwin they endeavored to have the will set | aside by the Probate court. John W. AIling and ! ex-Judge Luzon B. Morris appeared for ex-Alder- man Munson and this case was very thoroughly tried before Judge A. Heaton Robertson in the Pro- bate court. The plaintiff tried to prove that Mrs Munson was an eccentric old lady and made the will under undue influence. Judge Robertson admitted the will to probate and the same time filed very exhaustive opinion of the case From this decision the plaintiff eadeavored to appeal The time allowed for appeal is one month from the day upon which decision is rendered. The plaintiffs filed their notices on the 29th day and 1lght there a controversy between Judge Robertson and the attorneys for the plaintiff as to the particular term of the Superior court to which tEe case should be made returnable The plaintiffs nied their notice for certain day and the judge dtsallowed the appeal On this point the case came up before Judge Phelps yesterday. The decision
 JUDGE PHELPS HEARS SHORT CALENDAR CASES, Judge Phelps heard several short calendar cases yesterday the most important Of which was that Hartford railroad company. The plaintiff claims 5,c00 damages for the destruction of a Cranberry
 
 tendant demurred on the ground that the statute providing that full damages may be recovered in murrer Attorneys Townsend and Watrous learned that the Supreme court of the State had already de T0aa that the the statute is constitutional Attorney 4ti Matr4Hs 4 Sed motion for stay of proceedings pass upon this case as he understood it was to be appealed m gal there Judge Phelps overruIed the demur go to the jury for immediate trial
 JUDGE PHELPS RESERVES HIS pEcTsIoN
 Attorney s zacher yesterday argued noint in the Judge Phelps The plaintiff sues to recover on mortgaage Of, sl,874. Mr. zacher the docket on the ground that the court if0m had no jurisdiction; MT Zacher claimed that the prop erty was appraised at $1500, and according to the statute of 1878 the plaintiff could only recover the Siffssence between $1 300 and sl,874 which would within the jurisdiction of the court Judge Phelps cision. ~ W
 HE DID NOT ABUSE HIS BABY.
 The case against Frank Flynn of Fair Haven for abusing his little @ baby came up in the City court marks of violence were discovered upon it. Judge Pickett is satisfied there is against Flynn, put continued the case day to decide what dispo- stion to make.
 CASES TO COME IN JANUARY. At the bar meeting yesterday for the assignment o cases before the court and jury terms of the civil side of the Superior court very few classed for next week. There are twenty nine jury cases and eighty court cases. Twenty y-one divorce cases are pending to be tried this term. The suit of Seeman. ys Hotchklss for $sO,OOO will be tried first before the jury.
 ATTORNEY MATTHEwMAN IS INNOCENT.
 The grievance committee of the New Haven bar has Investigated the complaint made against At torney 0. B. Matthewman of unprofessional con- duct, and they find that he was not guilty of the accusation.
 HICKMAN RUTTEGER IN TROUBLE. John Rutteger, hackman, was charged in the City court yesterday with using insulting and abusive language toward Officer Grant, stationed at the depot Rutteger said that he merely called the attention of the officer to the fact that of his brother Jehus soliciting inside the depot The case was continued. John F. Reynolds and William Dunnigan, two hackmen, were arrested yesterday for violating the hack ordinance step ping over the dead line " and will be tried in the City court this morning It seems that Chief Boll- man might be doing wise thing by refusing license to some of the hackmen who refuse to be- have in an orderly manner at the Union depot.
 JUDGE sToDDARD's PARTNERS. ! Judge Stoddard of the Superior court who re- tires from the bench January l. is sending out his cards to the legal fraternity a member of the | firm of Bristol, Stoddard 6 Bristol of New Haven
 THE CONTINENTAL LIFE. Judge Carpenter of Hartford has declined to sign Continental Life Insurance company in the receiv- ership proceedings. His that the assets of the insolvent company in the nature of trust funds for the creditors the insurance commissioner the latter. The officers of the con- pany knowing that the concern insovent hired counsel to oppose the receivership action and now they ask that their counsel be paid out of the | cannot form the basis of either legal or moral | obligation.